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Co op CCA, is this one enforceable ??


JK36
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hi all

 

please can I have your thoughts on whether this is enforceable.

 

http://i625.photobucket.com/albums/tt331/Diz36/scan0037-1.jpg

http://i625.photobucket.com/albums/tt331/Diz36/scan0038-1.jpg

http://i625.photobucket.com/albums/tt331/Diz36/scan0039.jpg

http://i625.photobucket.com/albums/tt331/Diz36/scan0040.jpg

 

No the T&C isn't legible, I've done the best I can with the scan but I can't read the one I have. And it is a different size to the other pages.

 

Previously they sent me a "blank true copy of the credit agreement", the accompanying letter to that one stating " I am aware that a copy of the credit agreement was sent to you at the time of opening" :rolleyes:

 

Interestingly the T&C page on this blank one differs to the one I have received now, even though I can't read it I can see from the paragraph layout it is different. Also the blank one was the same size as the first 2 pages.

 

Many thanks

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Write back to the Co-op -

 

 

Dear Sir,

 

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a legible true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The correspondence you have sent in your reply, does not constitute a legible true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a legible true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a legible true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any legible signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

Print name do not sign

 

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Thanks supasnooper - excellent letter.

 

I have already written back to them , though wish I'd waited now as your letter is better!!

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Supasnooper

 

I am guessing then that I am safe in carrying on based on this definitely being unenforceable?

 

In other words, I just keep on ignoring them.....

 

 

I note your letter refers to their quick response - not this lot - 8 months!!

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  • 4 weeks later...

I've had the same thing sent about 3 times , each time with different T&C !!

 

Yes they have moved onto Fredrickson and threatening legal action, Fredrickson ignoring letters asking why given to them when in dispute.

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That's interesting,i'm sure somebody else can advise better but have you taken it further and reported them to oftel and the banking ombudsman ?

 

I've got a dca gothia and solicitors on my case but wrote to them saying the account was in dispute and i've heard nothing back yet.

I'll see what response i get from co-op and report it back on my thread but the way i see it if they want to challenge it in a court of law then i'll be prepared to go down that route on the basis that i don't consider an application form to be a legally binding cca.

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